§ 32-28-12-5 — Parties; consolidation of actions; insufficient proceeds of sale

(a) In an action brought under this chapter, all
persons whose liens are recorded under section 2 of this chapter may
be made parties to the action. Issues shall be made up and trials had as
in other cases.
(b) The court may, when several actions are pending by different
claimants to enforce liens under this chapter, order that the cases be
consolidated. If the proceeds of the sale of the corporation's property or
the corporation's earnings are insufficient to pay and satisfy the
claimants in full, the court shall order the claimants to be paid in
proportion to the amount due each, and the sale shall be made without
prejudice to the rights of any prior encumbrances, owner, or other
persons not parties to the action.
[Pre-2002 Recodification Citation: 32-8-24-4.]

Legislative History

As added by P.L.2-2002, SEC.13.